# COMAR Title 08 — Department of Natural Resources

## Subtitle 19 — Forest Conservation

### Chapter 04 — State Forest Conservation Program

#### Regulation .10 Variance.

*COMAR 08.19.04.10*

A. An applicant may request a variance from this subtitle or the requirements of Natural Resources Article, §§5-1601—5-1612, Annotated Code of Maryland, if the applicant demonstrates that enforcement would result in unwarranted hardship to the applicant.

B. An applicant for a variance shall:

  (1) Describe the special conditions peculiar to the property which would cause the unwarranted hardship;

  (2) Describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas;

  (3) Verify that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants;

  (4) Verify that the variance request is not based on conditions or circumstances which are the result of actions by the applicant;

  (5) Verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; and

  (6) Verify that the granting of a variance will not adversely affect water quality.

C. The Department shall make findings that the applicant has met the requirements in §§A and B of this regulation before the Department may grant a variance.